Housing Disrepair Prosecutions Under The Environmental Protection Act 1990
Prosecutions under the Environmental Protection Act 1990 (EPA 1990) were primarily used by local authorities to enforce minimum housing standards on landlords. However, there has been a notable rise in tenants pursuing private prosecutions against landlords for statutory nuisance, particularly concerning issues such as damp and mould.
Section 82 of the EPA 1990 provides tenants the right to take legal action against their landlord (or any “Responsible Person”, such as a managing agent) if they experience statutory nuisance. The process involves:
- The tenant must formally notify the landlord of the nuisance.
- The landlord has a specified time to abate the nuisance.
- If the landlord fails to remedy the nuisance, the tenant can apply to the Magistrates’ Court for a summons to be issued against the landlord.
If the court determines that a statutory nuisance exists or is likely to recur it may:
- Issue an order requiring the landlord to remedy the nuisance within a specified time.
- Award damages and costs to the tenant.
- Impose a fine.
- Prohibit use of the premises until the issue is resolved.
Unlike housing disrepair claims, which are civil matters, claims under the EPA 1990 are criminal cases. This distinction is crucial because:
- The prosecution must meet the higher criminal burden of proof i.e. beyond all reasonable doubt.
- A breach of the EPA 1990 is a criminal offence.
- Failure to comply with a court order can be treated as contempt of court, carrying serious legal consequences.
These prosecutions tend to be quicker and more cost-effective than traditional disrepair claims, which can take longer to reach trial. Consequently, there is likely to be an increase in such cases in the near future.
A recent High Court appeal in Damian Ferko v Ealing Magistrates’ Court, Kapiesa Ltd T/A Xara Estates (& others) highlights the growing use of statutory nuisance claims under Section 82 of the EPA 1990 in the context of housing disrepair.
If a tenant serves a statutory nuisance complaint under the EPA 1990, landlords must address the issue promptly to avoid further action and should obtain legal advice without delay, as these cases can be costly as a result of fines and legal costs. We recently successfully defended a management agent in a s82 EPA 1990 prosecution.
If you require advice on claims under the EPA 1990, please contact our Property Disputes team on 0330 822 3451, alternatively you can request a call back online.